TERMS AND CONDITIONS FOR THE USE OF ECB’S WEBSITE
1. COPYRIGHT
The East Coast Bullbars website is property of East Coast Bullbars (ECB). Material on this website comprises of copyright material, trademarks and registered trademarks which are the property of East Coast Bullbars and third parties. This property may only be used for the purposes of browsing the East Coast Bullbars website.
2. THIRD PARTY SITES
This site contains links to third party sites. East Coast Bullbars is not responsible for the content of those sites. The link(s) are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement of the site(s) or the products or services provided there. Use of products and services from third party sites is solely used at your own risk. East Coast Bullbars does not represent that the content or services available from third party sites are appropriate or available for use within your location.
3. VEHICLE COMPLIANCE DATES
All vehicle dates published on this website are vehicle compliance dates and are to be used as a guide only. If your vehicle is close to these dates it is imperative that further information is sought and reference photos are checked to ensure the right product is ordered. ECB’s return fees will apply to all orders where wrong product has been ordered (refer to ECB’s Terms and Conditions of Sale on our website ecb.com.au/terms-conditions/).
TERMS AND CONDITIONS OF SALE
1. DEFINITIONS
In these terms and conditions:
(a) ACL means the Australian Consumer Law contained in schedule 2 of the Competition and Consumer Act 2010 (Cth) as amended, re-enacted or replaced, and includes any subordinate legislation.
(b) Financing statement, financing change statement, security agreement and security interest have the meanings given to those terms by the PPSA.
(c) Goods means the products sold by ECB to You pursuant to these terms and conditions.
(d) Handling Fee means the fee chargeable by ECB to You for return of Goods under clause 8 which is equal to 10% of the value of the Goods returned.
(e) PPS Register means the Personal Property Securities Register established under the PPSA.
(f) PPSA means the Personal Property Securities Act 2009 (Cth) as amended, re-enacted or replaced, and includes any related subordinate legislation.
(g) You, and Your means the person or entity that is purchasing of the Goods from ECB or any employee, agent or representative of that person or entity.
2. ACCEPTANCE
(a) Any instructions received by ECB from You for the supply of Goods and/or Your acceptance of Goods supplied by ECB shall constitute acceptance of these terms and conditions.
(b) Upon acceptance of these terms and conditions by You, the terms and conditions are irrevocable and can only be amended in accordance with these terms and conditions with written consent of ECB.
(c) None of ECB’s agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the manager of ECB in writing, nor is ECB bound by any unauthorised statements.
3. PRICE
(a) Unless otherwise provided on the form of quotation, invoice, or delivery slip, the price stated on those documents is inclusive of GST.
(b) All prices of Goods given in any brochures, letters, price list, data sheets or other documents of ECB or provided by ECB are inclusive of GST and subject to change without notice.
(c) ECB reserves the right to charge the Goods to You at that price charged by ECB as at the date of delivery.
4. TERMS OF PAYMENT
(a) Our terms are strictly as outlined in the credit account application.
(b) Unless ECB has agreed to provide credit to You or has agreed in writing to any other payment method (which ECB may do in its sole discretion), payment shall be made by cleared funds on or before delivery of the Goods to You. Payment shall not be deemed to have been made until ECB has received cleared funds.
(c) All payments must be made free of any set-off or counterclaim and without deduction or withholding whatsoever.
(d) Notwithstanding that ECB has agreed to provide and/or provided credit to You, ECB, in its absolute discretion, may discontinue or suspend credit to You and require payment before delivery.
(e) Subject to the other provisions in these terms and conditions and subject to express contrary agreement made with You and recorded on the delivery docket and invoice, where ECB has agreed to provide credit to You, payment of any monies owed to ECB pursuant to that credit arrangement shall be made 30 days from date of invoice.
(f) ECB reserves the right to charge a fee on any payment that attracts a transaction fee for ECB.
5. ACCOUNTS
Any outstanding amounts will incur interest charged at 9% per annum from the date that payment was due until payment was received in full.
6. ORDER CANCELLATIONS
(a) Any special build or non stock line orders may not be cancelled 2 hours after the order has been placed with ECB unless ECB, in its sole discretion, otherwise agrees in writing.
(b) ECB recommends that You obtain a deposit/confirmed trade order adequate enough to cover Your costs for any special build or non stock line items.
7. CHANGE TO STANDARD DESIGNS
The minimum charge for any modification to a standard design for any Goods is $30.00
8. RETURNS
(a) Unless otherwise required by the ACL or other binding legislation, ECB may at its discretion accept for credit, return of Goods subject to this clause and provided that:
(i) the Goods are returned to ECB within 14 days from the date of delivery; and
(ii) the Goods have not been damaged in any way by the Customer; and
(iii) the Goods have not been used and the Goods and/or the packaging of the Goods has not been handled, damaged or interfered with to an extent inconsistent with a, reasonable examination by You; and
(iv) the Goods being returned are accompanied by the authorisation number issued by ECB as no goods will be accepted for return without the authorisation number issued by ECB; and
(v) the Goods have not been ordered or manufactured specifically by ECB for You or items which are ECB non stock lines; and
(vi) where the Goods are marked with an expiry date, the Goods are returned at least three months prior to that expiry date.
(b) You acknowledge that the credit will not include:
(i) re-packaging costs; and
(ii) re-finishing costs,
which must be borne by You.
(c) The price of Goods that are returned by You and accepted by ECB shall be credited by ECB to Your account with ECB or to You if no account exists.
(d) The cost of re-delivery of Goods returned to ECB, including the Handling Fee, must be paid by You before ECB will accept the return of the Goods.
(e) ECB may, in its sole discretion, charge a restocking fee when Goods are returned by You under the provisions of this clause 8.
9. FREIGHT Guidelines
(a) You must advise the preferred shipping method and Carrier with each order placed, or by standing arrangement.
(b) Goods signed for and despatched from ECB become Your sole responsibility from the time that those Goods leave ECB’s premises, notwithstanding that title in the Goods may not have passed to You. It is Your obligation to effect full insurance upon the Goods for such time as the goods are at Your risk. ECB shall not be responsible for loss of, damage to, or destruction of, Goods during transit or otherwise whilst the Goods are at Your risk.
(c) Freight despatched from ECB is subject to the terms and conditions of transit of the carrier.
(d) ECB may, at its discretion, engage carriers on Your behalf to despatch Goods to You. The freight cost at the quoted rate, will then be billed to You via invoice with the Goods. This does not amend or override any other terms and conditions.
(e) In the event that Goods are lost or damaged in transit, You must follow ECB’s Freight Policy published on ECB’s website, https://www.ecb.com.au/freight-policy/
10. RETENTION OF TITLE
(a) The title of all Goods supplied by ECB remains with ECB until payment for the goods is received in full from You.
(b) All Goods supplied by ECB must be kept separate from other goods received by You and marked as owned by “ECB” until payment is made in full.
(c) Any monies received for the sale of these Goods must be held for the benefit of ECB and paid to ECB until the Goods are paid in full.
(d) If You fail to pay the debt to ECB, then ECB or its authorised agent may enter the premises where the Goods are located and seize those Goods and sell them to recover the amount of the debt still owing.
(e) For the avoidance of doubt where payment is made by cheque, the payment shall be deemed not to have been made until the cheque has been honoured upon presentation.
11. SECURITY AND CHARGE
(a) You charge in favour of ECB all of your estate and interest in any real or personal property that You own at present and in the future with the amount of its indebtedness under these terms and conditions until discharged.
(b) You appoint ECB as Your duly constituted attorney from time to time to:
(i) do such acts; and
(ii) execute in Your name such documents as ECB may choose to lodge against any property owned by You,
which in the opinion of ECB (acting reasonably) are necessary to give effect to any right, power or remedy conferred on ECB by these terms and conditions or the PPSA and to give effect to the matters contemplated by these terms and conditions, even though You may not have defaulted in carrying out Your obligations under these terms and conditions.
12. PERSONAL PROPERTY SECURITIES
(a) You acknowledge and agree that these terms and conditions:
(i) constitute a security agreement for the purposes of the PPSA; and
(ii) create a security interest in:
(A) all Goods previously supplied by ECB to You (if any);
(B) all Goods that will be supplied in the future by ECB to You;
(C) the proceeds of sale of all Goods (whether already supplied or to be supplied) by You; and
(D) all present and after acquired personal property of Yours,
to secure payment of all monies (including but not limited to the price payable for the Goods and any interest) owing by You to ECB from time to time under these terms and conditions and under any other agreement or arrangement between You and ECB.
(b) You undertake to:
(i) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which ECB may reasonably require to:
(A) register a financing statement or financing change statement in relation to a security interest on the PPS Register and otherwise do all things necessary and required by ECB to ensure that any security interest registered by the Supplier is a perfected security interest under the PPSA;
(B) register any document on any register reasonably necessary to secure ECB’s interest under these terms and conditions;
(C) register any other document required to be registered under the PPSA; or
(D) correct a defect in a statement referred to in clauses 12(b)(i)(A), (B) or (C);
(ii) indemnify, and upon demand reimburse, ECB for all expenses incurred in registering a financing statement or financing change statement on the PPS Register or releasing any Goods that are the subject of a security interest;
(iii) not make an amendment demand in respect of a security interest, apply to the Registrar to register a financing change statement in respect of a security interest, without the prior written consent of ECB; and
(iv) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods in favour of a third party without the prior written consent of ECB; and
(v) immediately advise ECB of any material change in its business practices of selling the Goods which may result in a change in the use of the Goods by You or in the nature of proceeds derived from the sale of the Goods.
(c) You and ECB agree that sections 96 and 125 of the PPSA do not apply to the security interest created by these terms and conditions.
(d) You hereby waive Your rights to receive notices, information or statements (as the case may be) under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA and its rights as a grantor and/or a customer under sections 142 and 143 of the PPSA.
(e) Unless otherwise agreed to in writing by ECB, You waive Your right to receive a verification statement in accordance with section 157 of the PPSA.
(f) You unconditionally ratify any actions taken by ECB under clauses 12(c) to 12(e).
(g) The provisions of this clause 11 will survive termination of these terms and conditions or any other agreement between ECB and You for the sale of Goods, for whatever reason.
13. ERRORS AND OMISSIONS
(a) Whilst every care has been taken to ensure that accuracy of ECB’s price list, brochures, letters, price-lists, data sheets, website or other documents, no liability will be accepted for any errors, omissions or inaccuracies that may occur, errors and omissions excepted.
(b) All prices are subject to change without notice.
14. PRODUCT WARRANTY & consumer guarantees
14.1 For all Customers
(a) Each ECB manufactured product is warranted by ECB to be free of structural defects in materials and workmanship. The warranty period for alloy products is for the lifetime of the product; whilst steel products are warranted for 3 years, both whilst in the legal possession of the original owner.
(b) Ancillary items, such as overriders, lights, trims and infills carry a 12 month replacement warranty.
(c) This warranty is in addition to other rights and remedies of a consumer under a law in relation to the goods and services to which the warranty relates.
14.2 – For Consumer
(a) This clause 14.2 applies in respect of Customers that are “consumers”, as that term is defined in the Australian Consumer Law only. For the avoidance of doubt, the Customer must otherwise comply with the remainder of this clause 14 in order to make a claim.
(b) ECB’s goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, the Customer is entitled:
a. to cancel the Customer’s service contract with ECB; and
b. to a refund for the unused portion of the service contract, or to compensation for its reduced value.
The Customer is also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, the Customer is entitled to have the failure rectified in a reasonable time. If this is not done the Customer is entitled to a refund for the goods and to cancel the service contract and obtain a refund of any unused portion. The Customer is also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.”
14.3 Process for claiming warranty
(a) Any items considered to be defective or incorrect should be returned to an Authorised ECB dealer for inspection within 7 days of receipt.
(b) All claims must be accompanied by the original sales receipt.
14.4 Repair or replacement
(a) Where any failure occurs that is not a major failure pursuant to the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) this warranty covers only the cost of repair or replacement of the product or part thereof, the decision of which remains solely at the discretion of ECB. Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.
(b) This warranty does not cover the cost of removal, installation, or any transport. Enhanced finishes, such as polishing or powder coating are not subjected to this warranty.
(c) Further, damage or defects caused by collision, alteration, improper installation, road hazards, adverse conditions or usage for any other purpose other than normal private usage are not covered by this warranty. This warranty is in lieu of all other warranties expressed or implied but does not exclude the guarantees available to consumers pursuant to the Australian Consumer Law located in Schedule 2 of the Competition and Consumer Act 2010 (Cth) for eligible customers.
(d) Where spot lights are mounted on welded on light tabs - ECB recommends that the maximum weight of the light should not exceed 1.75kg. Where lights are being used in extreme or continual rough conditions causing the light mounting point to be subject to ongoing vibration lights should be stayed to reduce vibration and fatigue. ECB's warranty will not be valid when a product has been used outside of these guidelines.
15. INTELLECTUAL PROPERTY
(a) Where ECB has designed or drawn Goods for You, then the copyright and other intellectual property rights in those designs and drawings shall remain vested in ECB, and shall only be used by You for the purpose as agreed with ECB.
(b) Where any designs or specifications have been supplied by You for manufacture by or to the order of ECB then You warrant that the use of those designs or specifications for the manufacture, proceeding, assembly or supply of the Goods shall not infringe the rights of any third party.
(c) You indemnify ECB against any action, losses, costs or claims arising from an infringement of any third party intellectual property rights from the use of any designs or specifications provided by You.
16. DISCLAIMER
(a) ECB products are sold as accessories and should not be considered as total protection for either the vehicle or its occupants in the event of a collision.
(b) ECB reserves the right to modify product designs and or specifications without notice.
(c) The information contained in the documents on this site should be considered as a guide only and ECB takes no responsibility for any errors or omissions of any nature.
(d) The contents of ECB’s price list, brochures, letters, price-lists, data sheets, website or other documents are subject to change without notice at the sole discretion of ECB.
(e) The installation of an ECB frontal protection bar on a vehicle equipped with crumple zones and / or SRS air bag systems could alter the operation of these features. Only model specific products that have been certified "Air Bag Compatible" by ECB should be installed on vehicles with these systems. It is the responsibility of the purchaser/user of ECB products to determine whether such products comply with their local, federal or other laws.
(f) With the exception of products covered by consumer guarantees as mandated by the Australian Consumer Law contained in Schedule 2 of theCompetition and Consumer Act 2010 (Cth) any product distributed by ECB, but not manufactured by ECB will be limited to the product manufacturer's specific warranties.
(g) Certain products and their relevant trademarks depicted on this site have been protected under trademark, design and patent legislation. Any infringements of product trademark, design or patent will be acted upon.
17. General
ECB reserves the right to review these terms and conditions at any time from time to time. If, following any such review, there is to be any change, it will take effect from the date on which ECB notifies You of such change.
18. PRIVACY ACT 1988
(a) You authorise ECB to obtain from a credit-reporting agency a credit report containing personal credit information about You in relation to credit provided by ECB.
(b) You authorise ECB to exchange information about You with credit providers named in any credit application with ECB and credit providers that may be named in a consumer credit report issued by a reporting agency for the following purposes:
(i) to assess this credit application by You;
(ii) to notify other credit providers of a default by You;
(iii) to exchange information with other credit providers as to the status of Your credit account, where You are in default with other credit providers; and
(iv) to assess the Your credit worthiness.
(c) ECB may give personal or commercial information about You to a credit reporting agency for the following purpose:
(i) to obtain a consumer credit report about You; and/or
(ii) allow the credit reporting agency to create or maintain a credit information file containing information about You.